Stormwater Title 15 Stormwater Runoff Control

Rules & Regulations of Pueblo West Metropolitan District Pueblo West, Colorado Title 15 Storm Water Runoff Control

15.1.1 Purpose
This Title establishes minimum storm water management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within the District by regulating storm water runoff discharges from land development projects and other construction activities. These rules and regulations will serve to control and minimize increases in runoff rates and volumes, soil erosion, stream channel erosion and non point source pollution associate with storm water runoff.

15.1.2 Applicability
This Title shall be applicable to all subdivision or site plan applications, including redevelopment projects unless eligible for and exemption or granted a waiver by the District granted under the specifications of this Title. The Title also applies to land development activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the following applicability criteria, even though multiple separate and distinct land development activities may take place at different times on different schedules.

These standards apply to any construction activity disturbing 1 acre or more of land. The following activities may be exempt from these storm water performance criteria:

Any agricultural activity, which is consistent with an approved soil conservation plan, prepared or approved by the District, as applicable.

Additions or modifications to existing single family structures.

Developments and redevelopments that do not disturb more than 1 acre or more of land, provided they are not part of a larger common development plan; and the amount of impervious cover changed or created does not exceed 6000 sq. ft.

Repairs to any storm water treatment practice deemed necessary by the District.

When a site development plan is submitted that qualifies as a redevelopment project as defined in Article 2 of this Title, decision on permitting and on-site storm water requirements may be governed by special storm water sizing criteria. This criteria is dependent on the amount of impervious area created by the redevelopment and its impact on water quality. Final authorization of all redevelopment projects will be determined after a review by the Engineering Department of the District.

15.1.3 Capability with Other Permit and Title Requirements
This title is not intended to interfere with, abrogate, or annul any other Title, rule or regulation stature, or other provision of law. The requirements of this Title should be considered minimum requirements, and where any provision of the Title imposes restrictions different from those imposed by any other Title, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall be considered to take precedence.

15.1.4 Severability
If the provisions of any article, section, subsection, paragraph, subdivision or clause of this Title shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph subdivision or clause of the Title.

15.1.5 District Storm Water Design Manual
The District shall adopt and furnish additional policy, criteria and information including specification and standards, for the proper implementation of the requirements of this Title in the form of a Storm Water Drainage Design Criteria and Policy Manual. The manual may be updated and expanded from time to time, at the discretion of the local review authority, based on improvements in engineering, science, monitoring and local maintenance experience. Storm water treatment practices that are designed and constructed in accordance with the current adopted manual will be presumed to meet the minimum water quality performance standards.

Article 2. Definitions

15.2.1 Accelerated Erosion
Soil erosion caused by development activities that exceeds the natural processes by which the surface of the land is worn away by the action of water, wind or chemical action.

15.2.2 Applicant
A property owner or agent of property owner who has filed and application for a storm water management permit.

15.2.3 Building
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.

15.2.4 Dedication
The deliberate appropriation of property by its owner for general public use.

15.2.5 Detention
The temporary storage of storm runoff in a storm water management practice with the goals of controlling peak discharge rates and providing gravity settling of pollutants.

15.2.6 Detention Facility
A detention basin or alternative structure designed for the purpose of temporary storage of stream flow or surface runoff and gradual release of stored water at controlled rates.

15.2.7 Drainage Easement
A legal right granted by a landowner to a grantee allowing the use of private land for storm water management purposes.
15.2.8 Erosion and Sediment Control Plan
A plan that is designed to minimize the accelerated erosion and sediment runoff at a site during construction activities.

15.2.10 Infiltration
The process of percolating storm water into the subsoil.

15.2.11 Infiltration Facility
Any structure or device designed to infiltrate retained water to the subsurface. These facilities may be above grade or below grade.

15.2.12 Jurisdictional Wetland
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as hydrophytic vegetation.
15.2.13 Land Disturbance Activity
Any activity which changes the volume or peak flow discharge rate of rainfall runoff from the land surface. This may include the grading, digging, cutting, scraping, or excavating of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involved the diversion or piping of any natural or man-made watercourse.

15.2.14 Land Owner
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights to the land.

15.2.15 Maintenance Agreement
A legally recorded document that acts as a property deed restriction, and which provided for long-term maintenance of storm water management practices and facilities.

15.2.16 Non-Point Source Pollution
Pollution from a source other than from any discernible, confines, and discrete conveyances, and shall include, but not be limited to pollutants from agricultural, silvicultural, construction, subsurface disposal and urban runoff sources.

15.2.17 Redevelopment
Any Construction, alteration or improvement in areas where existing land use is high density commercial, industrial, institutional or multi-family residential.

15.2.18 Stop Work Order
An order issued which requires that all construction activity on site be stopped.

15.2.19 Storm Water Management
The use of structural or non-structural practices that are designed to reduce storm water runoff pollutant loads, discharge volumes, peak flow discharge rates and detrimental changes in stream temperature that affect water quality and habitat.

15.2.20 Storm Water Runoff
Flow on the surface of the ground, resulting from precipitation.

Article 3. Procedures & Requirements

15.3.1 Applicability
No land owner or land operator shall receive building, grading or other land development permits or approvals required from land disturbance activities without first meeting the requirements of this Title prior to commencing the proposed activity.

15.3.2 Application Requirements
Unless specifically excluded by this Title, any land owner or operator intending to conduct a land disturbance activity shall submit to the District a proposed erosion and sediment control plan and storm water management plan. Approval of the plans must be given by the District prior to the initiation of any work activity including construction of access roads, driveways, tree and shrub removal or grading. Any unauthorized work shall be considered a violation of this Title regardless of later actions taken toward compliance, and applicable fines and other penalties may be assessed.

15.3.3 Revocation

A. Permission to proceed with land development shall terminate automatically if construction has not commenced within one year of the date of approval by the District. The applicant may request a one year extension if there are valid reasons to support such and extension.

B. Authorization by the District under this Title may be revoked or suspended, after notice and an opportunity for hearing, for violation of a condition of the permit, if the permit was obtained by misrepresentation or failure to fully disclose relevant facts, or if there is a change in a condition that requires a temporary or permanent change in the activity.

Article 4. General Standards for Approval of Plans

15.4.1 - The District shall approve or disapprove erosion and sediment control plans, storm water management plan, and permit applications in accordance with District adopted guidelines, polices and design manuals.

15.4.2 - All construction activities subject to review under this Title shall be designed, constructed, and maintained to provide for the detention of flood waters and to protect water quality.

15.4.3 - Measures required for soil erosion and storm water runoff control shall take into consideration natural features, proximity of the site to lake, streams and jurisdictional wetlands, extent of impervious surfaces, potential for soil erosion and flooding, and the size of the site.

15.4.4 - Storm water conveyance, storage and infiltration facilities shall be designed to provide for non-erosive velocities of storm water run off.

Article 5. Construction Inspection

15.5.1 Notice of Construction Commencement
The applicant must notify the District in advance before the commencement of construction. Regular inspections of the storm water management system construction shall be conducted by the staff of the District or their designee. If any violations are found, the property owner or operator shall be notified in writing of the nature of the violation and the required corrective actions. No added work shall proceed until any violations are corrected and all work previously completed has received approval by the District.

15.6.1 Maintenance Easement
Prior to the approval of an erosion control and sediment plan or storm water management plan, the applicant or owner of the site must execute a maintenance easement agreement that shall be binding on all subsequent owner of land served by the storm water management facility. The agreement shall provide for access to the facility at reasonable times for periodic inspection by the District or their contractor or agent, and for regular or special assessments of property owners to ensure that the facility is maintained improper working condition to meet design standard and any other provisions established by this Title.

15.6.2 Maintenance Covenants
Maintenance of all storm water management facilities shall be ensured through the creation of a formal maintenance agreement that must be approved by the District and recorded into the land record prior to final plan approval. As part of the covenant, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the storm water management facility. The covenant shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled clean-outs.

15.6.3 Requirements for Maintenance Covenants
All storm water management facilities must undergo, at the minimum and annual inspection to document maintenance and repair needs and ensure compliance with the requirements of this Title and accomplishment of its purposes. These needs may include; removal of silt, litter and other debris from all catch basins, inlets and drainage pipes, grass cutting and vegetation removal, and necessary replacement of landscape vegetation. Any maintenance needs found must be addressed in a timely manner, as determined by the District, and the inspection and maintenance requirement may be increased as deemed necessary to ensure proper functioning of the storm water management facility.

15.6.4 Inspection of Storm Water Facilities
Inspection programs may be established on any reasonable basis, including but not limited to: routine inspection; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges or contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violation of sate or federal water or sediment quality standards or the national Pollutant Discharge Elimination Systems (NPDES) storm water permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other storm water treatment practices.

15.6.5 Right-of-Entry for Inspections
Where drainage control facilities are installed on private property, or connections exist between private property and a public drainage control system, sanitary sewer or combined sewer, the property owner shall grant to the District the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection. This includes the right to enter a property when it has a reasonable basis to believe that a violation of this Title is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this Title.

15.6.6 Records of Installation and Maintenance Activities
Parties responsible for the operation and maintenance of storm water management facility shall make records of the installation and of all maintenance and repairs, and shall retain the records for at least seven (7) years. These records shall be made available to the District during inspections of the facility and at other reasonable times upon request.

15.6.7 Failure to Maintain Practices
If a responsible party fails or refused to meet the requirements of the maintenance covenant, the District, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition. In the event that the storm water management facility becomes a danger to public safety or public health, the District shall notify the party responsible for maintenance of the storm water management facility in writing. Upon receipt of that notice, the responsible person shall have twenty one (21) days to effect maintenance and repair of facility in an approved mummer. After proper notice, the District may assess the owner(s) of the facility for the cost of repair work and any penalties; and the cost of the work shall be a lien on the property, or prorated against the beneficial users of the property.

Article 7. Enforcement & Penalties

15.7.1 Violations
Any development activity that is commenced or is conducted contrary to this Title, may be restrained by injunction or otherwise abated in a manner provided by law.

15.7.2 Notice of Violation
When the District determines that an activity is not being carried out in accordance with the requirements of this Title, it shall issue a written notice of violation to the owner of the property. The notice of violation shall contain:

The name and address of the owner or applicant;

The address when available or a description of the building, structure or land upon which the violation is occurring;

A statement specifying the nature of the violation;

A description of the remedial measures necessary to bring the development activity into compliance with this Title and a time schedule for the completion of such remedial action;

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed:

A statement that the determination of violation maybe appealed to the municipality by filing a written notice of appeal with fifteen (15) days of service of notice of violation.

15.7.3 Stop Work Orders
Persons receiving a notice of violation will be required to halt all construction activities. This “stop work order” will be in effect until the District confirms that the development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a notice of violation in a timely manner can result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this Title.

15.7.4 District Remedies and Penalties
Any person who violates the provisions of this Title shall be penalized in an amount not less than Five Hundred ($500) dollars to be determined by the District. The District may enforce the provision of this Title by requesting injunctive relief from the District Court of the County of Pueblo, State of Colorado.
15.7.5 Notice of Violation
Whenever the District finds that a person has violated a prohibition or failed to meet a requirement of this Title, the (authorized enforcement agency) may order compliance by written notice of violation to the responsible person. Such notice may require without limitation:

The performance of monitoring, analysis, and reporting;

The elimination of illicit connections or discharges;

That violating discharges, practices, or operations shall cease and desist

The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property; and

Payment of a fine to cover administrative and remediation costs; and

The implementation of source control or treatment BMPs.

15.7.6 Restoration of Lands
Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice. The District may take necessary corrective action, the cost of which shall become a lien upon the property until paid.
15.7.7 Cessation of Water and Sewer
Water and sewer service may be discontinued to the owner or operator of property in violation of these Titles until corrections to all storm water practices have been made and accepted by the District.

Article 8. Effective Date

15.8.1 - This Title 15 shall be effective immediately upon passage of a Resolution approving and adopting this Title 15 as part of the Rules and Regulations of the Pueblo West Metropolitan District by the District Board of Directors.